Kurt and January Kopek
695 Clearwood Court
Aurora, Illinois 60504
September 1, 2008
4708 Mercantile North Drive
Fort Worth, Texas 76137
consumer complaint division
Dear Stephanie Gales,
Re: account 1044201618
We had spent 3 years in court to settle this matter. Yes, it all came down to and agreement on May 27, 2008 but, only with Mutality of Obligations on Saxons side! We had not to many choices and we feel we were backed into a corner again! I guess the law calls this Undue Influence. We tried to speak to your lawyer and ours but, they just wanted to wash their hands of the case. My husband wanted the case over and I wanted a trial!! Your own lawyer Doug Oliver did not know where to send our $13,029.20, Doug forged his signature on Saxon's behalf (this was argued in the meeting room), said he had to talk with the legal department and make sure that they would take our money, and the documents signed had a $12.27 a day late fee on them and Doug said “ Just Pay It”. We did not see the papers until the 27th of May and that is when the late fee's started. Your lawyer was very incompetent and during the 3 years we would have a meeting here or there with him and he liked to text on his phone and not listen!
Unfortunatly your services as well as the lawyer you retained were again very inadequate. Once again we have been misrepresented, mislead, treated unethically and misconduct took place again as well. In the “Provision of Terms” that we had signed on May 27, 2008 it stated we had to pay $13029.20 for back tax's/escrow and this was also what 2 lawyers stated. “ UPON EXECUTION OF THIS AGREEMENT, BORROWER ACKNOWLEGES AND AGREES TO CONRRIBUTE $13,029.20 TO LENDER FOR SUMS ADVANCED BY LENDER FOR OUTSTANDING ESCROW.( This is Saxons words). I (January) argued it because it was too much! It should have been around $11,400.00 range. The back tax money depended on our loan being reinstated so, we just paid it ($13,170.00 with $12.27 extra a day)!! Remember this was all due on May 27, 2008!!! Now the Provision of Terms that we signed said Saxon Mortgage would contact our credit reporting agencies. It is now over 3 months and we have contacted our credit agencies and Saxon Mortgage has not contacted them. We also asked for a copy of the letter Saxon would send to the credit agencies and Doug Oliver was suppose to get that to us. Now we have some problems again with your company not following through again. There was a balloon set at the end of the loan and we asked for the paper work to brought to court and we wanted a copy of all the charges. Again, no break down. That is our right as homeowners to know where our money is going and why! Now in Saxon Mortgages Provision of Terms our first mortgage payment was due on July 1, 2008 in the amount of $843.00 with a fixed rate of 7%. We called Saxon and my husband talked to Andrea and she would not take our payment and said it was incorrect and the correct amount would be $1227.40. My husband argued this and said what if I send in the $843.00? Andrea said “ It would be sent back to us”. Talk about a repeat situation from 3 years ago. Now this amount of $843.00 is in black and white and was dismissed in the court of law on May 27, 2008!! Andrea first said it was escrow and my husband said we are not escrowed we pay out of pocket. Andrea put my husband on hold and came back and said that Saxon is adding in the Balloon and it is broken down into payments of $384.40. My husband argued and said we are NOT escrowed “AGAIN” and the Balloon is at the end of 30 years. Provision of Terms( “ all parties know rights and duties”) states in black in white the Balloon is at the end of the loan!! Andrea gave a fax # of 1-817-665-7970 to have us fax a letter. Andrea said there was no legal department, only Loss and Mitigation. Your fax # does not work!!!!!!! We had to send by mail 2 letters and they were received by Saxon on July 18th and August 13th, 2008. With again a repeat of the past 3 years “no response”. It is the Illinois and Texas law that if a consumer writes a mortgage company they have to get a response with in 30 days!! You know 3 years ago this happened over $ 16.15. A mistake from Allstate Insurance. I had personally proved this through Banks and Real Estate in October of 2005. Now we are back to almost the same situation 3 years later. Now we have over $40,000.000 dollars racked up because Saxon Mortgage provides inadequate service!! WE HAD FILED A MOTION AND WENT TO COURT ON AUGUST 28, 2008 REGARDING THIS!!!!! SAXON DI D received THE NOTICES!!!!
We had called in August same situation. I called on 9/2/2008 @ 12:25 pm and spoke to Regina. She gave me a hard time and said there was no number for Loss and Mitigation and no legal Department so, she transferred me to the Collections Department, due to $3776.00 past due. Now I am speaking to Paula in Collections(12:40pm) she stated amount due $3776.00 and monthly $1227.40. I told her this was all wrong( no escrow) and I know there is a legal department and I wanted to speak to them. I briefly explained the past 3 years to her and she did not care then she put me on hold and just like the past 3 years I was DISCONNECTED!
Now finally my husband calls back 9/5/2008 at 9:30 am and Stephany transferred him to the “legal department”!!! Kurt talked to Nicole Orr and she said $843.00 principal and %, $384.00 Escrow, Homeowners & Tax's, $ 106.00 shortage for August 2007 tax's. There is no PROOF OF INSURANCE SO, IT WAS ADDED IN and this was that the legal department did not have proof!! If there is not proof how come Saxon keeps sending Country Companies our insurance company a check?? Now my husband explained everything to Nicole Orr and said this is not what was agreed upon in the court room on May 27, 2008. Nicole said “ Doug Oliver” Saxons Attorney, had all the provisions and was suppose to give those to our lawyer and us as well. NO, HE NEVER DID! Plus in order to agree on something it has to be in black and white, on paper, with Provisions and Terms!! We signed the Provisions of Terms. Nothing came to us in an oral manner from Mr. Oliver for one and two it should have been stated in the Provisions of Terms. Saxon Mortgage cannot just make up rules and tack on money whenever they feel necessary. It is against the law!!!
Nicole Orr contacted Loss and Mitigation regarding our mortgage payments and tried to get a hold of a supervisor but, they were all in a meeting. She said “ someone will call us back ( team leader)”. She also gave my husband a fax # 1-817-665-7819 attention Josie Quales in the Escrow Department. This was to send our Homeowners Declaration Page. We called country companies and talked to Cindy and asked her to fax over. Cindy called back and fax won't go through, error message, no answer!! I (January) call Saxon back and talk to Heidi 9/5/08 @ 11:28 am who verified fax # with Josie and gave me a new fax # 1-817-665-7849 attention Heidi. Now Heidi will give to Josie. Cindy was called with new # and guess what Cindy called back a while later and again the fax won't go through!!!!!
We feel that Saxon Mortgage again took advantage of us. Saxon Mortgage Company also took advantage of an “existing contract”. This is considered Breach of Contract. We have been in contact with 3 law firms that handle Real Estate and Breach of Contract cases only. We will retain a lawyer within the next 2 weeks regarding this matter. The funny thing is in the past 3 years Saxon sent several letters a week as well as up to 8 phone calls a day ( all documented). Now no letters or calls from Saxon. We have made all the contact with no results once again!!
We feel that the BBB ( even though Saxon, Meritech Mortgage, Novastar Mortgage, Deutsche Bank and or Saxon Home Mortgage is not a member) needs to be contacted again, the Federal Trade Commission, Banks and Real Estate again, Attorney General and even local newspapers in Illinois and Texas. You did retain Doug Oliver as an attorney to represent Saxon Mortgage so, you are also responsible for his actions. We will also contact the ARDC concerning Mr. Oliver and the as well as the above mentioned state and government agencies. This is unfair and there is no Justification to matter. You cannot put families through and emotional roller coaster like this!!